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84 CHAPTER-IV MAJOR TOPICS DEALT IN THE VYAVAHARAMALA. Introduction to Vyavaharamala. It was in Colonel Monroe's time new type of courts and regulations came into force in the states of Travencore and Cochin. Before that, law disputes were for many years based on the collections of Srimulam language series all over Kerala. (Srimulam Bhasa Granthavali). Vyavaharamala in the 9th book among Srimulam Bhasa Granthavali. Though in Sanskrit, there are innumerable smrti texts, the most noteworthy among them are Manusmrti, Yajnavalkyasmrti and Parasarasmrti. The new importance of Yajnavalkyasmrti lies in the notable comentary of Vijnaneswarayogi. In the same manner the importance of Parasarasmrti may be attributed to the Parasaramadhaviya of Madhavacarya. Hence there is no dispute that the composition of Vyavaharamala is after 15th century A.D. It was due to the spurt of words and the strenuous efforts of Manu, Yajnavalkya etc that the Vyavaharamala was created in its present form. Since this work has not

85 received popularity, in foreign countries it may be assumed to be the dire efforts of keralites. The basic text may be about 500 years old, while its commentary may be 200 years old. About the translation, the references are given by Manu, Hari, Yajnavalkya etc. kottayam nettassery Godavarmanunnyathiri mentions that the grandha was composed mainly in oral tradition and conversation, out of the efforts of Hari, Manu etc'. The translation was mainly done by a Brahmin priest in Trivandrum who was later honoured by the Raja of the time. It is evident from previous records that Maharani Parvati bai had requested the renowned scholar Subrahmanya Sastri and Anandarama Sastri to translate this work into Malayalam. Western system of jurisprudence was being introduced into the Kerala legal system at that time². Some portions of this grandha may be seen unacceptable in the present day jurisprudence. Several factors in this document were imbibed by kings and subjects in ancient times. Vyavaharamala- introduction- ulloor s parameswaraiyyer-page-2 2 Ibid-page-3

86 This information leads us to come to the conclusion that several tenets are valid for the welfare of the people even today. Several legal terms have been borrowed by the English from this grandha. Ullur comments that sir Sankaran nair had quoted in his judgments certain portions from Vyavaharamala³. The present work has been composed after examining the manuscripts of Ganapathisastri, Godavarmanunnyathiri of Kottayam nettassery mana and a manuscript from Ennakkattu mana. The main content of Vyavaharamala is Dharma that bestows happiness. This has been taken from the smrti literature. The theory of smrti has contributed to the well being of the universe. It includes many tenets such as Vyavahara, Rajaniti, Dana, Prayascitta and Culture. This grandha also contains the many ways of protecting the welfare of the people and also welfare of the universe. Vyavaharamala has four prakaranas mainly paribhasa pariskkarah, pramananirupanam, vivadapadanirdesam, prakirnakam. The first prakarana contains 3 Ibid-page-5

87 vyavaharalaksna, vyavaharabheda, paribhasanirupana of samanya visesa, dharmadikaraneksanam, vyavaharadarsanavidi, vivecana, pradvivakadiswarupanirupanam etc. Second prakarana contains the definition of saksi, saksiprasnavidhinirnaya, lekhyaswarupa, loukika pramana vidhi and their swarupa etc. Third prakarana contains documents borrowing civil law etc. Fourth prakarana contains prakirna prakarana. Vyavaharamala-major topics dealt with subject wise. 1. Origin, definition and classifications of Vyavahara. 2. Dharma of chief justice. 3. The construction of court. 4. Non-suit 5. Punishments- the king's authority. 6. The methods of court procedure. 7. Compromise of vadi-pradivadi. 8. trail- the dispute according to pramanas. 9. The evidence as a witness. 10. Documents of victory-judgment(Jayapatra).

88 11. Truth ordeal. 12. Payment and recovery of debts. 13. The definition of interest. 14. pledge-mortgages. 15. Surety-ship. 16. Payment and recovery of debts. 17 sale-without ownership. 18. Partnership. 19. Resumption of gift. 20. Law of master. (Breach of contract of service). 21. Non-payment of wages. 22. Swamipala vivada prakarana. 23. Custom according to the caste and tribes. 24. Non-delivery after sale. 25. Goods buying and selling. 26. Boundary disputes. 27. defamation- classification of crimes. 28. Assault

89 29. Theft. 30. Crimes of violence. 31. Adultery and rape. 32. Partition. 33. Gambling and betting. 34. Miscellaneous matters.